Maritime Powers Act 2013
No. 15, 2013
Compilation No. 7
Compilation date: 8 November 2025
Includes amendments: Act No. 60, 2025
About this compilation
This compilation
This is a compilation of the Maritime Powers Act 2013 that shows the text of the law as amended and in force on 8 November 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Introduction
Division 1—Preliminary
1 Short title
2 Commencement
3 Act binds the Crown
4 Application of Act
5 Effect on executive power
6 Relationship to other laws
Division 2—Guide to this Act
7 Guide to this Act
Division 3—Definitions
8 Definitions
9 Involved in a contravention
10 Actionable contraventions—aircraft
11 Continuous exercise of powers
Division 4—International agreements and decisions
12 When international agreements and decisions apply
13 Treating foreign vessels as Australian vessels
14 Applying Australian law in other places
Part 2—Exercising powers
Division 1—Introduction
15 Guide to this Part
Division 2—Authorising the exercise of maritime powers
16 Authorising officers
17 Contraventions
18 Monitoring laws
19 International agreements and decisions
20 Evidential material and warrants
21 Identifying vessels and aircraft
22 Seizable transit goods—aircraft
22A Failure to consider international obligations etc. does not invalidate authorisation
22B Rules of natural justice do not apply to authorisations
Division 3—Authorisations and approvals
23 When authorisations are in force
24 When approvals lapse
25 Form of authorisations and approvals
26 Further authorisations and approvals
Division 4—Exercising powers
Subdivision A—Effect of Division
27 Effect of Division
Subdivision B—Exercising powers without authorisation
28
Overview
The Maritime Powers Act 2013 was enacted to address the need for a comprehensive legal framework to administer and enforce Australian laws in maritime areas, including the territorial seas, exclusive economic zones, and other maritime areas beyond national jurisdiction. This Act empowers designated maritime officers to exercise various enforcement powers, including boarding, searching, detaining, and arresting, to ensure compliance with Australian laws and international agreements in maritime settings. The Act also provides for the exercise of powers in other countries, subject to international agreements and the consent of the relevant foreign nation. Furthermore, it sets out the geographical limits within which these powers can be exercised and establishes provisions for dealing with things taken and persons held during maritime operations. The Act was introduced by the Australian Parliament to strengthen the nation's maritime law enforcement capabilities and ensure the effective administration of justice in maritime areas.
Scope and Application
The Maritime Powers Act 2013 (C2013A00015) is a Commonwealth Act that provides a broad set of enforcement powers for use in, and in relation to, maritime areas. The Act applies to external Territories, acts, omissions, matters, and things outside Australia. The Act extends to every external Territory and applies to acts, omissions, matters, and things outside Australia. The Act binds the Crown in each of its capacities and does not limit the executive power of the Commonwealth. The Act is in addition to, not in substitution for, any other law of the Commonwealth and is not intended to exclude or limit the concurrent operation of any law of a State or Territory. The Act applies to maritime officers, which include Customs officers, members of the Australian Defence Force, members of the Australian Federal Police, and other persons appointed by the Minister. The Act provides for the exercise of maritime powers and powers specified in international agreements and decisions. The exercise of powers in relation to a vessel, installation, aircraft, protected land area, or isolated person extends to persons and things with a connection to the vessel, installation, aircraft, protected land area, or isolated person. The Act provides for the exercise of maritime powers and powers specified in international agreements and decisions. The Act provides for the exercise of maritime powers and powers specified in international agreements and decisions. The exercise of powers in relation to a vessel, installation, aircraft, protected land area, or isolated person extends to persons and things with a connection to the vessel, installation, aircraft, protected land area, or isolated person. The Act provides for the exercise of maritime powers and powers specified in international agreements and decisions. The Act provides for the exercise of maritime powers and powers specified in international agreements and decisions. The exercise of powers in relation to a vessel, installation, aircraft, protected land area, or isolated person extends to persons and things with a connection to the vessel, installation, aircraft, protected land area, or isolated person.
Key Provisions
- The Maritime Powers Act 2013 (Act) provides a broad set of enforcement powers for use in, and in relation to, maritime areas. The powers can be used by maritime officers to give effect to Australian laws and international agreements and decisions. Maritime officers include Customs officers, members of the Australian Defence Force, members of the Australian Federal Police, and other persons appointed by the Minister. An authorisation is necessary to begin the exercise of powers in relation to a vessel, installation, aircraft, protected land area or isolated person. The only exceptions are the exercise of aircraft identification powers and the exercise of powers to ensure the safety of a maritime officer or any other person. Once an authorisation is in force, maritime officers can exercise powers for a range of purposes.
- The Act imposes various obligations and requirements on maritime officers. They must identify themselves if required, follow reasonable means to facilitate boarding and entry, ensure the safety of persons, use reasonable force, request and require assistance, and comply with any directions given by the Minister. Maritime officers must also respect the rights and dignity of individuals, provide information about the seizure of things, and comply with warrants. Failure to comply with certain requirements constitutes an offence, with penalties including imprisonment and fines.
- The Act outlines specific offences and penalties for breaches. For instance, failing to comply with a requirement under certain sections can result in imprisonment for up to 2 years or a fine of up to 120 penalty units. Additionally, the Act provides for the recovery of costs incurred in the chase of vessels and the seizure of things, with liability to pay these costs being a debt to the Commonwealth. The Act also addresses the compensation for the acquisition of property and damage to documents or equipment caused by the exercise of powers.
- Area of Law
- Maritime Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Delegated & Subordinate Legislation
- Licensing & Registration
- Enforcement Powers
- Compliance Obligations